Alaska law allows employers to test job applicants and employees for drug or alcohol impairment and regulates the procedures that employers must follow in implementing such testing (AK Stat. Sec. 23.10.600et seq.). State law does not require employers to drug test, but strictly regulates employers that voluntarily choose to implement a drug-testing program. The law protects an employer from lawsuits arising from drug testing, provided the employer follows the guidelines in the law and otherwise acts in good faith. Under the law, testing must normally be scheduled during or immediately before or after a regular work period. The law applies to all employers with one or more full-time employees under a contract of hire, express or implied, oral or written.
Mandatory notice. Employers must give a 30-day notice to employees before implementing a drug-testing program and must provide each worker with a written policy statement that includes:
- A statement of the employer's policy regarding drug and alcohol use by employees
- Identification of those employees or applicants subject to testing
- Circumstances under which testing may be required and the substances for which the employer tests
- A description of testing methods and collection procedures, including the employee's right to a confirmatory test after an initial positive result
- Disciplinary actions the employer may take after a positive test result
- The right of an employee to obtain test results within 5 working days after a written request and the opportunity to explain a positive test result within 10 working days after notification
- The consequences of refusing to participate in testing
- Procedures for maintaining the confidentiality of test results ...